Bill Text: TX SB1890 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the electronic monitoring of residents at state supported living centers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-25 - Referred to Health & Human Services [SB1890 Detail]

Download: Texas-2015-SB1890-Introduced.html
  84R11747 LEH-D
 
  By: Zaffirini S.B. No. 1890
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the electronic monitoring of residents at state
  supported living centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 555.154, Health and Safety Code, is
  amended to read as follows:
         Sec. 555.154.  REQUIRED FORM ON ADMISSION.  The executive
  commissioner by rule shall prescribe a form that must be completed
  and signed on a resident's admission to a center by or on behalf of
  the resident.  The form must state:
               (1)  that a person who places an electronic monitoring
  device in a resident's room or who uses or discloses a tape or other
  recording made by the device may be civilly liable for any unlawful
  violation of the privacy rights of another;
               (2)  that a person who covertly places an electronic
  monitoring device in a resident's room or who consents to or
  acquiesces in the covert placement of the device in a resident's
  room has waived any privacy right the person may have had in
  connection with images or sounds that may be acquired by the device;
               (3)  that a resident or the resident's guardian or legal
  representative is entitled to conduct authorized electronic
  monitoring under this subchapter, subject to a resident's right to
  object to electronic monitoring under Section 555.157(c-1), and
  that if the center refuses to permit the electronic monitoring or
  fails to make reasonable physical accommodations for the authorized
  electronic monitoring the person should contact the department;
               (4)  the basic procedures that must be followed to
  request authorized electronic monitoring;
               (5)  the manner in which this subchapter affects the
  legal requirement to report abuse, neglect, or exploitation when
  electronic monitoring is being conducted; and
               (6)  any other information regarding covert or
  authorized electronic monitoring that the executive commissioner
  considers advisable to include on the form.
         SECTION 2.  Section 555.157, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (c-1) to
  read as follows:
         (a)  A center shall permit a resident or the resident's
  guardian or legal representative to monitor the resident's room
  through the use of electronic monitoring devices, subject to a
  resident's right to object to electronic monitoring under
  Subsection (c-1).
         (c-1)  Before a center allows the installation of electronic
  monitoring equipment in a resident's room, a center must ask each
  resident of the room, including a resident who lacks the capacity to
  consent to the equipment under Section 555.156(c), if the resident
  objects to the installation of the equipment. If a resident objects
  to the installation of the equipment, the center may not permit the
  installation of the equipment in the room. 
         SECTION 3.  The change in law made by this Act applies only
  to a request for electronic monitoring made on or after the
  effective date of this Act. A request for electronic monitoring
  made before the effective date of this Act is governed by the law in
  effect on the date the request was made, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2015.
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